Dominica High Court Rules Buggery Laws Unconstitutional in Landmark 2024 Decision

In a historic ruling, the High Court of Dominica has declared the country's laws criminalizing consensual same-sex relations as unconstitutional. The landmark decision, handed down in April 2024, marks a significant advancement for LGBTQ rights in the Caribbean region.

The case was brought forward by an anonymous gay man from Dominica, who argued that Sections 14 and 16 of the Sexual Offences Act, which criminalized "buggery" and "gross indecency" with up to 10 and 12 years imprisonment respectively, violated his constitutional rights to liberty, freedom of expression, and personal privacy. The court agreed, striking down the provisions as unconstitutional.

Why this matters: The ruling sets Dominica on a path to restoring the dignity and rights of LGBTQ individuals, though activists caution that homophobia will not disappear overnight. The decision aligns with a broader trend in the Anglophone Caribbean, where several nations have repealed similar colonial-era laws in recent years.

The court relied on findings from cases in other countries that established sexual orientation as innate and that people are entitled to sexual autonomy. It referenced numerous international cases and findings in its analysis, ultimately siding with the claimant. "The continued criminalization of these offenses is not reasonably justified in a democratic society," the court stated, affirming that the Dominican Constitution provides the right to liberty and allows all persons, regardless of sexual orientation, the right to choose to enter into relationships in private.

The ruling has been welcomed by local and international human rights groups, who see it as a significant step towards decriminalization and creating an environment where LGBTQ individuals can live openly without fear of persecution. Daryl Philip, founder of Minority Rights Dominica (MiRiDom), called the decision a "significant advancement" in the struggle for LGBTQ rights in the Caribbean, while cautioning that "the ruling does not mean that homophobia will simply disappear."

Five countries in the Caribbean - Grenada, Guyana, Jamaica, Saint Lucia, and Saint Vincent and the Grenadines - still have versions of "buggery" and "indecency" laws on the books, making them outliers in the Western Hemisphere. While these laws are rarely enforced, activists argue they serve to legitimize bias and hostility toward LGBTQ people.

The anonymous complainant, who spent five years battling for the law to be overturned, expressed relief at the court's decision. He described living in "constant fear of criminal sanction" and experiencing "hateful and violent conduct" towards himself and other LGBTQ persons as a result of the now unconstitutional law. The ruling, advocates say, is a testament to the efforts of activists who have long fought for justice and equality in the Caribbean, and will help cultivate a society where LGBTQ individuals can live with dignity.

Key Takeaways

• Dominica's High Court decriminalized consensual same-sex relations.
• The ruling struck down laws criminalizing "buggery" and "gross indecency".
• The decision aligns with a broader trend in the Anglophone Caribbean.
• Five Caribbean countries still have similar colonial-era laws in place.
• The ruling is a significant step towards LGBTQ rights in the region.